To ensure the proper adjudication of civil disputes involving conflicts between registered trademarks, enterprise names, and prior rights, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of the People's Republic of China, the General Principles of Civil Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Anti-Unfair Competition Law of the People's Republic of China, and other relevant laws, and in light of judicial practice.
Article 1: If a plaintiff brings a lawsuit alleging that the text, graphics, or other elements used by another party in connection with a registered trademark infringe upon the plaintiff’s prior rights, such as copyright, design patent rights, or rights to a corporate name, and such claim meets the requirements stipulated in Article 108 of the Civil Procedure Law, the People’s Court shall accept the case. If a plaintiff brings a lawsuit on the ground that another party’s use of a registered trademark on designated goods is identical to or similar to the plaintiff’s earlier-registered trademark, the People’s Court shall, in accordance with Item (3) of Article 111 of the Civil Procedure Law, inform the plaintiff to seek resolution through the relevant administrative authority. However, if the plaintiff brings a lawsuit alleging that another party’s use of a registered trademark—whether beyond the scope of the designated goods, or through alterations of distinctive features, fragmentation, combination, or other means—is identical to or similar to the plaintiff’s registered trademark, the People’s Court shall accept the case.
Article 2: If the plaintiff brings a lawsuit alleging that another party’s enterprise name is identical to or similar to the plaintiff’s prior enterprise name, and such similarity is likely to cause relevant members of the public to be confused about the source of the goods, thereby violating the provisions of Article 5, Item (3) of the Anti-Unfair Competition Law, and if the case meets the requirements stipulated in Article 108 of the Civil Procedure Law, the people’s court shall accept the case.
Article 3: The People's Court shall, based on the plaintiff’s claims and the nature of the disputed civil legal relationship, determine the cause of action for civil disputes involving conflicts between registered trademarks or enterprise names and prior rights in accordance with the “Provisional Regulations on Causes of Action in Civil Cases,” and apply the corresponding laws.
Article 4: The defendant’s corporate name infringes upon the registered mark. If the use of a registered trademark constitutes infringement upon exclusive rights or unfair competition, the people’s court may, based on the plaintiff’s claims and the specific circumstances of the case, determine that the defendant shall bear civil liabilities such as ceasing use and adopting standardized usage practices.